
Lawfare Archive: Jameel Jaffer, Bob Litt, and William Banks Debate FISA
The Lawfare Podcast
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Do You Think the Government's Authority to Collect All This Information Is a Violation of the Fourth Amendment?
There is no restriction on the government's collection of this information in the first place. And i don't think that a programme like this, which gives the government access to essentially everything, is a programme that has been built with those kinds of concerns in mind. Even if you have a lot of confidence that the rules that are in place right now are being enforced as they should be enforced, and that the people who are charge of those rules are well motivated an operating in good faith,. one day the rules may change, or one day the people in charge may change. You have to build a system that accounts for not just the possibility, but the certainty that at one point the system will change
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